Garcia had a fetal demise during her early second trimester of pregnancy, and Gove was going to remove the fetal remains via a dilation-and-evacuation procedure. A laminaria was inserted in an attempt to dilate the cervix, but it was discovered upon examination under anesthesia that the laminaria failed.

It was asserted that Gove brought in an inexperienced resident to assist with the procedure. The resident testified that she attempted to dilate the cervix using dilators, but gave up when she ran into resistance.

After the resident’s attempts, and without checking to determine if Garcia’s cervix had been dilated, using ring forceps, Gove attempted to remove the remains. It was alleged that, without using guidance, he went back in grabbed the rectum and ripped the top half of the rectum and a portion of the bowel out. As a result, a temporary emergency ileostomy, to repair the colon and rectum, was necessary, and an ileos­tomy pouch was put in place.

Plaintiff asserted that she now has permanent changes to her bowel habits as well as significant scarring, and suffers from cluster bowel movements, which render her unavailable for full-time employment. It also was contended that Gove was negligent.

Defendant Gove contended that the resident had done the entire dilation, and testified that he did not utilize ultrasound, a uterine sound, or his fingers to verify the resident’s position.

Judge Archie C. Brown found for the plaintiff and awarded $2.5 million.